The complaint was filed by the EPA against the company for failing to properly prepare for possible oil spills in violation of federal Facility Response Plan (FRP) requirements. The FRP requirements are part of the federal Oil Pollution Prevention regulations issued under the CWA and require facilities that store and distribute oil and have the potential to cause substantial harm to the environment during a spill event to have in place and be prepared to adequately implement a contingency plan for containing and cleaning up oil spills.
In March 2012, the EPA, MassDEP, and the U.S. Coast Guard conducted an unannounced exercise, a simulated oil spill, to determine whether the facility can successfully respond to an oil release. As a result of the March exercise, the EPA determined that the company could not properly carry out the facility’s FRP, and its personnel were not adequately trained, resulting in an "unsuccessful" overall rating for the exercise.
EPA’s SPCC regulation affects over 630,000 facilities. Is yours one? Download your EHS Essentials Kit—SPCC Plan Compliance now for all the tools you need to be in compliance. Download Now
If your facility has the potential for oil spills, the EPA requires that facilities implement Spill Prevention, Control, and Countermeasure (SPCC) plans and take every step possible to prevent oil discharges to navigable waters. That is, any facility with more than 1,320 gallons (gal) of aboveground oil storage capacity and meeting certain other criteria must develop and implement SPCC plans to prevent and contain spills, such as by installing impervious secondary containment around storage tanks and transfer areas.
But Some Facilities Need an FRP Too
The law recognizes that it is important that facilities know how to minimize environmental damage when spills do occur, and therefore, the FRP regulations require response planning and spill preparation especially for facilities that are expected to cause significant harm to the environment as the result of an oil spill—such as facilities that have more than 1 million gal of storage capacity and/or transfer oil over water. To ensure that a facility can adequately respond to a spill, it must have adequate employee training, spill response equipment, and a contingency plan for containing and cleaning up a release.
FRP inspections are conducted for two purposes. First, they help the EPA ensure that oil storage facilities, refineries, electrical utilities, and oil production fields, among other subject industries, are in compliance with 40 CFR Part 112. Second, on-site inspections give EPA representatives the opportunity to educate owners and operators about the regulations and methods for ensuring compliance.
Facilities that are subject to FRP may receive notice of an inspection by an EPA inspector or by an EPA contractor. However, beware—some EPA regions always conduct unannounced inspections in order to gauge a facility’s preparedness to prevent or respond to an oil spill.
Don’t risk an EPA fine! Stay in compliance with our EHS Essentials Kit—SPCC Plan Compliance. Download now for instant access to comprehensive checklists, common violations, training materials, forms, and more. Download Now
What to Expect from an FRP Inspection
FRP inspections are usually conducted by a team of 2 to 4 EPA inspectors. During the inspection, an interview is conducted with the facility’s “qualified individual,” and a walk-through is conducted with facility personnel to identify their knowledge of and the implementation of the FRP. Inspectors will evaluate FRP measures for their ability to facilitate adequate response to a worst-case discharge of oil.
The inspectors may conduct an unannounced drill and will inspect the condition of spill equipment identified in the FRP, testing logs, and other records.
Following the inspection, the EPA will send the facility either a letter, report, and/or checklist that identifies regulatory deficiencies and the actions required to be taken by the facility.
Inspection Results
The EPA views inspections as coeducational. Inspectors can learn from industry experience, and facilities can learn from the EPA about the adequacy of certain methods for preventing and controlling discharges. Furthermore, documentation of violations motivates facilities to conduct corrective actions for compliance and provides the EPA with a legal basis for enforcement. The EPA strives to work with facility owners and operators to remedy any problems identified during an inspection in order to avoid the need for legal enforcement action.